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Evaluation database

Evaluation report

2003 BH: Legal Aspects of Social Protection for Children in Bosnia and Herzegovina

Author: Mutiso, J.

Executive summary

Background:

While the present Laws provide a wide range of social protection rights, many of these rights are not being realized due to lack of funding, inequality of responsibility and lack of proper coordination among the relevant actors. There are no social protection responsibilities allocated to the State level institutions. The delegation by the Constitution of BiH of "all government functions and responsibilities that are not strictly given to the institutions of Bosnia and Herzegovina" to the Entities has led to the existence of two parallel legal frameworks for social protection in both entities. This fragmentation has further complicated the inefficiency of the systems. Municipalities in both entities bear the responsibilities for the implementation of social protection and ensuring the effective delivery of services primarily through the Centers for Social Work (CSWs).

Entitlement to social protection in BiH is largely based on the social category such as age, marital or employment status rather than aiming to meet the needs of the most vulnerable population. This has led to inefficiency and inequality in the administration and allocation of those in need of financial support. In addition, the protection of persons with disabilities is regulated by separate laws, giving rise to several categories of beneficiaries and significant differences in the level and scope of rights and protection.

Interviews with the Zenica Center for Social Work & the Municipal Department for Refugees and Social Protection, with the Centers for Social Work for Bugojno and Gornji Vakuf and West Herzegovina Canton